Texas 2009 - 81st Regular

Texas Senate Bill SB626 Compare Versions

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1	1	By: Carona S.B. No. 626
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation, organization, governance, duties, and
7	7	functions of the Texas Department of Vehicles; providing a penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	ARTICLE 1. TEXAS DEPARTMENT OF VEHICLES
10	10	SECTION 1.01. Title 7, Transportation Code, is amended by
11	11	adding Subtitle M to read as follows:
12	12	SUBTITLE M. DEPARTMENT OF VEHICLES
13	13	CHAPTER 1001. ORGANIZATION OF DEPARTMENT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 1001.001. DEFINITIONS. In this subtitle:
16	16	(1) "Board" means the board of the department.
17	17	(2) "Department" means the Texas Department of
18	18	Vehicles.
19	19	Sec. 1001.002. CREATION OF DEPARTMENT; DUTIES. (a) The
20	20	department is created as an agency of this state.
21	21	(b) In addition to the other duties required of the Texas
22	22	Department of Vehicles, the department shall administer and
23	23	enforce:
24	24	(1) Subtitle A;
25	25	(2) Chapters 623, 642, 643, 645, 646, and 648; and
26	26	(3) Chapters 2301 and 2302, Occupations Code.
27	27	Sec. 1001.003. COMPOSITION OF DEPARTMENT. The department
28	28	is composed of an executive director appointed by the board and
29	29	other employees required to efficiently implement:
30	30	(1) this subtitle;
31	31	(2) other applicable vehicle laws of this state; and
32	32	(3) other laws that grant jurisdiction to or are
33	33	applicable to the department.
34	34	Sec. 1001.004. DIVISIONS. The board shall organize the
35	35	department into divisions to accomplish the department's functions
36	36	and the duties assigned to it, including divisions for:
37	37	(1) administration;
38	38	(2) motor carriers;
39	39	(3) motor vehicle board; and
40	40	(4) vehicle titles and registration.
41	41	Sec. 1001.005. SUNSET PROVISION. The department is subject
42	42	to Chapter 325, Government Code (Texas Sunset Act). Unless
43	43	continued in existence as provided by that chapter, the department
44	44	is abolished September 1, 2021.
45	45	Sec. 1001.006. DEFENSE BY ATTORNEY GENERAL. The attorney
46	46	general shall defend an action brought against the board or the
47	47	department or an action brought against an employee of the
48	48	department as a result of the employee's official act or omission,
49	49	regardless of whether at the time of the institution of the action
50	50	that person has terminated service with the department.
51	51	[Sections 1001.007-1001.020 reserved for expansion]
52	52	SUBCHAPTER B. BOARD OF DEPARTMENT OF VEHICLES
53	53	Sec. 1001.021. BOARD. (a) The board consists of nine
54	54	members appointed by the governor with the advice and consent of the
55	55	senate.
56	56	(b) Three members must be persons who hold a dealer's
57	57	license issued under Chapter 2301, Occupations Code, of whom two
58	58	must be franchised dealers of different classes and one must be an
59	59	independent dealer; one member must be a representative of a
60	60	manufacturer or distributor that holds a license issued under
61	61	Chapter 2301, Occupations Code; one member must be a tax
62	62	assessor-collector; one member must be a representative of a law
63	63	enforcement agency of a county or municipality; and one member must
64	64	be a representative of the motor carrier industry. The remaining
65	65	members must be public members.
66	66	(c) Except as necessary to comply with Subsection (b), a
67	67	person is not eligible for appointment as a member of the board if
68	68	the person or the person's spouse:
69	69	(1) is employed by or participates in the management
70	70	of a business entity or other organization that is regulated by or
71	71	receives funds from the department;
72	72	(2) directly or indirectly owns or controls more than
73	73	10 percent interest in a business entity or other organization that
74	74	is regulated by or receives funds from the department;
75	75	(3) uses or receives a substantial amount of tangible
76	76	goods, services, or funds from the department, other than
77	77	compensation or reimbursement authorized by law for board
78	78	membership, attendance, or expenses; or
79	79	(4) is registered, certified, or licensed by the
80	80	department.
81	81	(d) A person required to register as a lobbyist under
82	82	Chapter 305, Government Code, because of the person's activities
83	83	for compensation on behalf of a profession related to the operation
84	84	of the department may not serve as a member of the board.
85	85	(e) Appointments to the board shall be made without regard
86	86	to race, color, disability, sex, religion, age, or national origin
87	87	of the appointees and shall reflect the diversity of the population
88	88	of the state as a whole.
89	89	Sec. 1001.022. TERMS. Members of the board serve staggered
90	90	six-year terms, with the terms of either one or two members expiring
91	91	February 1 of each odd-numbered year.
92	92	Sec. 1001.023. CHAIR AND VICE CHAIR; DUTIES. (a) The
93	93	board shall elect one of its members chair of the board and one of
94	94	its members vice chair of the board. A chair or vice chair serves at
95	95	the pleasure of the board.
96	96	(b) The chair shall:
97	97	(1) preside over board meetings, make rulings on
98	98	motions and points of order, and determine the order of business;
99	99	(2) represent the department in dealing with the
100	100	governor;
101	101	(3) report to the governor on the state of affairs of
102	102	the department at least quarterly;
103	103	(4) report to the board the governor's suggestions for
104	104	department operations;
105	105	(5) report to the governor on efforts, including
106	106	legislative requirements, to maximize the efficiency of department
107	107	operations through the use of private enterprise;
108	108	(6) periodically review the department's
109	109	organizational structure and submit recommendations for structural
110	110	changes to the governor, the board, and the Legislative Budget
111	111	Board;
112	112	(7) designate one or more employees of the department
113	113	as a civil rights division of the department and receive regular
114	114	reports from the division on the department's efforts to comply
115	115	with civil rights legislation and administrative rules;
116	116	(8) create subcommittees, appoint board members to
117	117	subcommittees, and receive the reports of subcommittees to the
118	118	board as a whole;
119	119	(9) appoint a member of the board to act in the chair's
120	120	absence; and
121	121	(10) serve as the departmental liaison with the
122	122	governor and the Office of State-Federal Relations to maximize
123	123	federal funding for transportation.
124	124	Sec. 1001.024. BOARD MEETINGS. The board shall hold
125	125	regular meetings at least once a month and special meetings at the
126	126	call of the chair. Board members shall attend the meetings of the
127	127	board. The chair shall oversee the preparation of an agenda for
128	128	each meeting and ensure that a copy is provided to each board member
129	129	at least seven days before the meeting.
130	130	Sec. 1001.025. RECOMMENDATIONS TO LEGISLATURE. (a) The
131	131	board shall consider ways in which the department's operations may
132	132	be improved and may periodically report to the legislature
133	133	concerning potential statutory changes that would improve the
134	134	operation of the department.
135	135	(b) On behalf of the board, the chair shall report to the
136	136	governor, the lieutenant governor, the speaker of the house of
137	137	representatives, and the presiding officers of relevant
138	138	legislative committees on legislative recommendations adopted by
139	139	the board and relating to the operation of the department.
140	140	Sec. 1001.026. COMPENSATION. A member of the board is
141	141	entitled to compensation as provided by the General Appropriations
142	142	Act. If compensation for board members is not provided by that Act,
143	143	each member is entitled to reimbursement for actual and necessary
144	144	expenses incurred in performing functions as a member of the board.
145	145	Sec. 1001.027. GROUNDS FOR REMOVAL. (a) It is a ground for
146	146	removal from the board if a board member:
147	147	(1) does not have at the time of appointment or
148	148	maintain during service on the board the qualifications required by
149	149	Section 1001.021;
150	150	(2) violates a prohibition provided by Section
151	151	1001.021;
152	152	(3) cannot discharge the member's duties for a
153	153	substantial part of the term for which the member is appointed
154	154	because of illness or disability; or
155	155	(4) is absent from more than half of the regularly
156	156	scheduled board meetings that the board member is eligible to
157	157	attend during a calendar year, unless the absence is excused by
158	158	majority vote of the board.
159	159	(b) The validity of an action of the board is not affected by
160	160	the fact that it is taken when a ground for removal of a board member
161	161	exists.
162	162	(c) If the executive director of the department knows that a
163	163	potential ground for removal exists, the director shall notify the
164	164	chair of the board of the ground, and the chair shall notify the
165	165	governor and the attorney general that a potential ground for
166	166	removal exists. If the potential ground for removal relates to the
167	167	chair, the director shall notify another board member, who shall
168	168	notify the governor and the attorney general that a potential
169	169	ground for removal exists.
170	170	Sec. 1001.028. CONFLICT OF INTEREST. (a) A member of the
171	171	board shall disclose in writing to the executive director if the
172	172	member has an interest in a matter before the board or has a
173	173	substantial financial interest in an entity that has a direct
174	174	interest in the matter.
175	175	(b) The member shall recuse himself or herself from the
176	176	board's deliberations and actions on the matter in Subsection (a)
177	177	and may not participate in the board's decision on the matter.
178	178	(c) A person has a substantial financial interest in an
179	179	entity if the person:
180	180	(1) is an employee, member, director, or officer of
181	181	the entity; or
182	182	(2) owns or controls, directly or indirectly, more
183	183	than a five percent interest in the entity.
184	184	Sec. 1001.029. INFORMATION ON QUALIFICATIONS AND CONDUCT.
185	185	The department shall provide to the members of the board, as often
186	186	as necessary, information concerning the members' qualifications
187	187	for office and their responsibilities under applicable laws
188	188	relating to standards of conduct for state officers.
189	189	Sec. 1001.030. TRAINING ON DEPARTMENT AND CERTAIN LAWS
190	190	RELATING TO DEPARTMENT. (a) To be eligible to take office as a
191	191	member of the board, a person appointed to the board must complete
192	192	at least one course of a training program that complies with this
193	193	section.
194	194	(b) The training program must provide information to the
195	195	person regarding:
196	196	(1) this subchapter;
197	197	(2) the programs operated by the department;
198	198	(3) the role and functions of the department;
199	199	(4) the rules of the department with an emphasis on the
200	200	rules that relate to disciplinary and investigatory authority;
201	201	(5) the current budget for the department;
202	202	(6) the results of the most recent formal audit of the
203	203	department;
204	204	(7) the requirements of the:
205	205	(A) open meetings law, Chapter 551, Government
206	206	Code;
207	207	(B) open records law, Chapter 552, Government
208	208	Code; and
209	209	(C) administrative procedure law, Chapter 2001,
210	210	Government Code;
211	211	(8) the requirements of the conflict of interest laws
212	212	and other laws relating to public officials; and
213	213	(9) any applicable ethics policies adopted by the
214	214	board or the Texas Ethics Commission.
215	215	(c) A person appointed to the board is entitled to
216	216	reimbursement for travel expenses incurred in attending the
217	217	training program, as provided by the General Appropriations Act and
218	218	as if the person were a member of the board.
219	219	Sec. 1001.031. ADVISORY COMMITTEES. (a) The board shall
220	220	establish an advisory committee for the motor carriers, motor
221	221	vehicle board, and vehicle titles and registration divisions to
222	222	make recommendations to the board or the executive director on the
223	223	operation of the applicable division and may establish other
224	224	advisory committees as the board determines are necessary for the
225	225	performance of a regulatory function of the department. A
226	226	committee has the purposes, powers, and duties, including the
227	227	manner of reporting its work, prescribed by the board. A committee
228	228	and each committee member serves at the will of the board.
229	229	(b) The board shall appoint persons to each advisory
230	230	committee who:
231	231	(1) are selected from a list provided by the executive
232	232	director; and
233	233	(2) have knowledge about and interests in, and
234	234	represent a broad range of viewpoints about, the work of the
235	235	committee or the applicable division.
236	236	(c) A member of an advisory committee may not be compensated
237	237	by the board or the department for committee service but is entitled
238	238	to reimbursement for actual and necessary expenses incurred in the
239	239	performance of committee service.
240	240	[Sections 1001.032-1001.040 reserved for expansion]
241	241	SUBCHAPTER C. PERSONNEL
242	242	Sec. 1001.041. DEPARTMENT PERSONNEL. (a) Subject to the
243	243	General Appropriations Act or other law, the executive director
244	244	shall appoint deputies, assistants, and other personnel as
245	245	necessary to carry out the powers and duties of the department under
246	246	this code, other applicable vehicle laws of this state, and other
247	247	laws granting jurisdiction or applicable to the department.
248	248	(b) A person appointed under this section must have the
249	249	professional and administrative experience necessary to qualify
250	250	the person for the position to which the person is appointed.
251	251	Sec. 1001.042. DIVISION OF RESPONSIBILITIES. The board
252	252	shall develop and implement policies that clearly define the
253	253	respective responsibilities of the director and the staff of the
254	254	department.
255	255	Sec. 1001.043. EQUAL EMPLOYMENT OPPORTUNITY POLICY;
256	256	REPORT. (a) The executive director or the director's designee
257	257	shall prepare and maintain a written policy statement to ensure
258	258	implementation of a program of equal employment opportunity under
259	259	which all personnel transactions are made without regard to race,
260	260	color, disability, sex, religion, age, or national origin. The
261	261	policy statement must include:
262	262	(1) personnel policies, including policies relating
263	263	to recruitment, evaluation, selection, appointment, training, and
264	264	promotion of personnel that are in compliance with Chapter 21,
265	265	Labor Code;
266	266	(2) a comprehensive analysis of the department
267	267	workforce that meets federal and state guidelines;
268	268	(3) procedures by which a determination can be made of
269	269	significant underuse in the department workforce of all persons for
270	270	whom federal or state guidelines encourage a more equitable
271	271	balance; and
272	272	(4) reasonable methods to appropriately address those
273	273	areas of significant underuse.
274	274	(b) A policy statement prepared under this section must:
275	275	(1) cover an annual period;
276	276	(2) be updated annually;
277	277	(3) be reviewed by the civil rights division of the
278	278	Texas Workforce Commission for compliance with Subsection (a); and
279	279	(4) be filed with the governor.
280	280	(c) The governor shall deliver a biennial report to the
281	281	legislature based on the information received under Subsection (b).
282	282	The report may be made separately or as a part of other biennial
283	283	reports made to the legislature.
284	284	Sec. 1001.044. QUALIFICATIONS AND STANDARDS OF CONDUCT.
285	285	The executive director shall provide to department employees, as
286	286	often as necessary, information regarding their:
287	287	(1) qualification for office or employment under this
288	288	subtitle; and
289	289	(2) responsibilities under applicable laws relating
290	290	to standards of conduct for state employees.
291	291	Sec. 1001.045. CAREER LADDER PROGRAM; PERFORMANCE
292	292	EVALUATIONS. (a) The executive director or the director's
293	293	designee shall develop an intra-agency career ladder program. The
294	294	program must require intra-agency posting of all nonentry level
295	295	positions concurrently with any public posting.
296	296	(b) The executive director or the director's designee shall
297	297	develop a system of annual performance evaluations. All merit pay
298	298	for department employees must be based on the system established
299	299	under this subsection.
300	300	CHAPTER 1002. RULES
301	301	Sec. 1002.001. GENERAL RULEMAKING AUTHORITY. The board may
302	302	adopt any rules necessary and appropriate to implement the powers
303	303	and duties of the department under this code and other laws of this
304	304	state.
305	305	Sec. 1002.002. RULES RESTRICTING ADVERTISING OR
306	306	COMPETITIVE BIDDING. The board may not adopt rules restricting
307	307	advertising or competitive bidding by a person regulated by the
308	308	department except to prohibit false, misleading, or deceptive
309	309	practices by the person.
310	310	CHAPTER 1003. DEPARTMENT PROCEDURES
311	311	Sec. 1003.001. APPLICABILITY OF CERTAIN LAWS. Except as
312	312	specifically provided by law, the department is subject to Chapters
313	313	2001 and 2002, Government Code.
314	314	Sec. 1003.002. SUMMARY PROCEDURES FOR ROUTINE MATTERS.
315	315	(a) The board or the department by rule may:
316	316	(1) create a summary procedure for routine matters;
317	317	and
318	318	(2) designate department activities that otherwise
319	319	would be subject to Chapter 2001, Government Code, as routine
320	320	matters to be handled under the summary procedure.
321	321	(b) An activity may be designated as a routine matter only
322	322	if the activity is:
323	323	(1) voluminous;
324	324	(2) repetitive;
325	325	(3) believed to be noncontroversial; and
326	326	(4) of limited interest to anyone other than persons
327	327	immediately involved in or affected by the proposed department
328	328	action.
329	329	(c) The rules may establish procedures different from those
330	330	contained in Chapter 2001, Government Code. The procedures must
331	331	require, for each party directly involved, notice of a proposed
332	332	negative action not later than the fifth day before the date the
333	333	action is proposed to be taken.
334	334	(d) A rule adopted by the board under this section may
335	335	provide for the delegation of authority to take action on a routine
336	336	matter to a salaried employee of the department designated by the
337	337	board.
338	338	Sec. 1003.003. REVIEW OF ACTION ON ROUTINE MATTER. (a) A
339	339	person directly or indirectly affected by an action of the board or
340	340	the department on a routine matter taken under the summary
341	341	procedure adopted under Section 1003.002 is entitled to a review of
342	342	the action under Chapter 2001, Government Code.
343	343	(b) The person must apply to the board not later than the
344	344	60th day after the date of the action to be entitled to the review.
345	345	(c) The timely filing of the application for review
346	346	immediately stays the action pending a hearing on the merits.
347	347	(d) The board may adopt rules relating to an application for
348	348	review under this section and consideration of the application.
349	349	Sec. 1003.004. INFORMAL DISPOSITION OF CERTAIN CONTESTED
350	350	CASES. The board or the department, as applicable, may, on written
351	351	agreement or stipulation of each party and any intervenor,
352	352	informally dispose of a contested case in accordance with Section
353	353	2001.056, Government Code, notwithstanding any provision of this
354	354	code or other law that requires a hearing before the board or the
355	355	department, as applicable.
356	356	CHAPTER 1004. PUBLIC ACCESS
357	357	Sec. 1004.001. ACCESS TO PROGRAMS AND FACILITIES. (a) The
358	358	department shall prepare and maintain a written plan that describes
359	359	how a person who does not speak English may be provided reasonable
360	360	access to the department's programs.
361	361	(b) The department shall comply with federal and state laws
362	362	for program and facility accessibility.
363	363	Sec. 1004.002. PUBLIC COMMENT. The board and the
364	364	department shall develop and implement policies that provide the
365	365	public with a reasonable opportunity to appear before the board or
366	366	the department and to speak on any issue under the jurisdiction of
367	367	the board or the department.
368	368	Sec. 1004.003. PUBLIC REPRESENTATION ON ADVISORY BODY.
369	369	(a) At least one-half of the membership of each advisory body
370	370	appointed by the board, other than an advisory body whose
371	371	membership is determined by this code or by other law, must
372	372	represent the general public.
373	373	(b) A public representative may not be:
374	374	(1) an officer, director, or employee of a business
375	375	entity regulated by the department;
376	376	(2) a person required to register with the Texas
377	377	Ethics Commission under Chapter 305, Government Code; or
378	378	(3) a person related within the second degree by
379	379	affinity or consanguinity to a person described by Subdivision (1)
380	380	or (2).
381	381	CHAPTER 1005. STANDARDS OF CONDUCT
382	382	Sec. 1005.001. APPLICATION OF LAW RELATING TO ETHICAL
383	383	CONDUCT. The board, the executive director, and each employee or
384	384	agent of the department is subject to the code of ethics and the
385	385	standard of conduct imposed by Chapter 572, Government Code, and
386	386	any other law regulating the ethical conduct of state officers and
387	387	employees.
388	388	ARTICLE 2. TRANSFER OF DUTIES AND FUNCTIONS OF THE TEXAS DEPARTMENT
389	389	OF TRANSPORTATION
390	390	PART A. GENERAL PROVISIONS AND ADMINISTRATION
391	391	SECTION 2A.01. Subsection (a), Section 201.202,
392	392	Transportation Code, is amended to read as follows:
393	393	(a) The commission shall organize the department into
394	394	divisions to accomplish the department's functions and the duties
395	395	assigned to it, including divisions for:
396	396	(1) aviation;
397	397	(2) highways and roads; and
398	398	(3) public transportation[; and
399	399	[(4) motor vehicle titles and registration].
400	400	SECTION 2A.02. Subdivision (2), Section 201.931,
401	401	Transportation Code, is amended to read as follows:
402	402	(2) "License" includes:
403	403	(A) a permit issued by the department that
404	404	authorizes the operation of a vehicle and its load or a combination
405	405	of vehicles and load exceeding size or weight limitations;
406	406	(B) a motor carrier registration issued under
407	407	Chapter 643;
408	408	(C) a vehicle storage facility license issued
409	409	under Chapter 2303, Occupations Code; and
410	410	(D) a license or permit for outdoor advertising
411	411	issued under Chapter 391 or 394[;
412	412	[(E) a salvage vehicle dealer or agent license
413	413	issued under Chapter 2302, Occupations Code;
414	414	[(F) specially designated or specialized license
415	415	plates issued under Subchapters E and F, Chapter 502; and
416	416	[(G) an apportioned registration issued
417	417	according to the International Registration Plan under Section
418	418	502.054].
419	419	SECTION 2A.03. Subsection (c), Section 201.202,
420	420	Transportation Code, is repealed.
421	421	PART B. STATE HIGHWAY TOLL PROJECTS
422	422	SECTION 2B.01. Subsections (b) and (h), Section 228.055,
423	423	Transportation Code, are amended to read as follows:
424	424	(b) The department may impose and collect the
425	425	administrative fee, so as to recover the cost of collecting the
426	426	unpaid toll, not to exceed $100. The department shall send a
427	427	written notice of nonpayment to the registered owner of the vehicle
428	428	at that owner's address as shown in the vehicle registration
429	429	records of the Texas Department of Vehicles [department] by first
430	430	class mail and may require payment not sooner than the 30th day
431	431	after the date the notice was mailed. The registered owner shall
432	432	pay a separate toll and administrative fee for each event of
433	433	nonpayment under Section 228.054.
434	434	(h) In this section, "registered owner" means the owner of a
435	435	vehicle as shown on the vehicle registration records of the Texas
436	436	Department of Vehicles [department] or the analogous department or
437	437	agency of another state or country.
438	438	SECTION 2B.02. Subsection (b), Section 228.056,
439	439	Transportation Code, is amended to read as follows:
440	440	(b) In the prosecution of an offense under Section
441	441	228.055(c), (d), or (e):
442	442	(1) it is presumed that the notice of nonpayment was
443	443	received on the fifth day after the date of mailing;
444	444	(2) a computer record of the Texas Department of
445	445	Vehicles [department] of the registered owner of the vehicle is
446	446	prima facie evidence of its contents and that the defendant was the
447	447	registered owner of the vehicle when the underlying event of
448	448	nonpayment under Section 228.054 occurred; and
449	449	(3) a copy of the rental, lease, or other contract
450	450	document covering the vehicle on the date of the underlying event of
451	451	nonpayment under Section 228.054 is prima facie evidence of its
452	452	contents and that the defendant was the lessee of the vehicle when
453	453	the underlying event of nonpayment under Section 228.054 occurred.
454	454	PART C. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES, FERRIES, AND
455	455	HIGHWAYS IN CERTAIN COUNTIES
456	456	SECTION 2C.01. Subsections (b), (e), and (h), Section
457	457	284.0701, Transportation Code, are amended to read as follows:
458	458	(b) The county may impose and collect the administrative
459	459	cost so as to recover the expense of collecting the unpaid toll, not
460	460	to exceed $100. The county shall send a written notice of
461	461	nonpayment to the registered owner of the vehicle at that owner's
462	462	address as shown in the vehicle registration records of the Texas
463	463	Department of Vehicles [department] by first-class mail not later
464	464	than the 30th day after the date of the alleged failure to pay and
465	465	may require payment not sooner than the 30th day after the date the
466	466	notice was mailed. The registered owner shall pay a separate toll
467	467	and administrative cost for each event of nonpayment under Section
468	468	284.070.
469	469	(e) It is an exception to the application of Subsection (a)
470	470	or (c) if the registered owner of the vehicle transferred ownership
471	471	of the vehicle to another person before the event of nonpayment
472	472	under Section 284.070 occurred, submitted written notice of the
473	473	transfer to the Texas Department of Vehicles [department] in
474	474	accordance with Section 520.023, and before the 30th day after the
475	475	date the notice of nonpayment is mailed, provides to the county the
476	476	name and address of the person to whom the vehicle was transferred.
477	477	If the former owner of the vehicle provides the required
478	478	information within the period prescribed, the county may send a
479	479	notice of nonpayment to the person to whom ownership of the vehicle
480	480	was transferred at the address provided by the former owner by
481	481	first-class mail before the 30th day after the date of receipt of
482	482	the required information from the former owner. The subsequent
483	483	owner of the vehicle for which the proper toll was not paid who is
484	484	mailed a written notice of nonpayment under this subsection and
485	485	fails to pay the proper toll and administrative cost within the time
486	486	specified by the notice of nonpayment commits an offense. The
487	487	subsequent owner shall pay a separate toll and administrative cost
488	488	for each event of nonpayment under Section 284.070. Each failure to
489	489	pay a toll or administrative cost under this subsection is a
490	490	separate offense.
491	491	(h) In this section, "registered owner" means the owner of a
492	492	vehicle as shown on the vehicle registration records of the Texas
493	493	Department of Vehicles [department] or the analogous department or
494	494	agency of another state or country.
495	495	PART D. CERTIFICATE OF TITLE ACT
496	496	SECTION 2D.01. Subdivision (3), Section 501.002,
497	497	Transportation Code, is amended to read as follows:
498	498	(3) "Department" means the Texas Department of
499	499	Vehicles [Transportation].
500	500	PART E. REGISTRATION OF VEHICLES
501	501	SECTION 2E.01. Subdivision (3), Section 502.001,
502	502	Transportation Code, is amended to read as follows:
503	503	(3) "Department" means the Texas Department of
504	504	Vehicles [Transportation].
505	505	SECTION 2E.02. Subsections (a) and (b), Section 502.053,
506	506	Transportation Code, are amended to read as follows:
507	507	(a) The department [Texas Department of Transportation]
508	508	shall reimburse the Texas Department of Criminal Justice for the
509	509	cost of manufacturing license plates or registration insignia as
510	510	the license plates or insignia and the invoice for the license
511	511	plates or insignia are delivered to the department [Texas
512	512	Department of Transportation].
513	513	(b) When manufacturing is started, the Texas Department of
514	514	Criminal Justice, the department [Texas Department of
515	515	Transportation], and the comptroller, after negotiation, shall set
516	516	the price to be paid for each license plate or insignia. The price
517	517	must be determined from:
518	518	(1) the cost of metal, paint, and other materials
519	519	purchased;
520	520	(2) the inmate maintenance cost per day;
521	521	(3) overhead expenses;
522	522	(4) miscellaneous charges; and
523	523	(5) a previously approved amount of profit for the
524	524	work.
525	525	PART F. DEALER'S AND MANUFACTURER'S VEHICLE LICENSE PLATES
526	526	SECTION 2F.01. Subdivisions (2) and (5), Section 503.001,
527	527	Transportation Code, are amended to read as follows:
528	528	(2) "Commission" means the board of the Texas
529	529	Department of Vehicles [Texas Transportation Commission].
530	530	(5) "Department" means the Texas Department of
531	531	Vehicles [Transportation].
532	532	PART G. MISCELLANEOUS PROVISIONS
533	533	SECTION 2G.01. Section 520.001, Transportation Code, is
534	534	amended to read as follows:
535	535	Sec. 520.001. DEFINITION. In this chapter, "department"
536	536	means the Texas Department of Vehicles [Transportation].
537	537	PART H. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES
538	538	SECTION 2H.01. Section 551.302, Transportation Code, is
539	539	amended to read as follows:
540	540	Sec. 551.302. REGISTRATION. The Texas Department of
541	541	Vehicles [Transportation] may adopt rules relating to the
542	542	registration and issuance of license plates to neighborhood
543	543	electric vehicles.
544	544	PART I. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
545	545	SECTION 2I.01. Section 601.023, Transportation Code, is
546	546	amended to read as follows:
547	547	Sec. 601.023. PAYMENT OF STATUTORY FEES. The department
548	548	may pay:
549	549	(1) a statutory fee required by the Texas Department
550	550	of Vehicles [Transportation] for a certified abstract or in
551	551	connection with suspension of a vehicle registration; or
552	552	(2) a statutory fee payable to the comptroller for
553	553	issuance of a certificate of deposit required by Section 601.122.
554	554	SECTION 2I.02. Section 601.451, Transportation Code, as
555	555	added by Chapter 892 (S.B. 1670), Acts of the 79th Legislature,
556	556	Regular Session, 2005, is amended to read as follows:
557	557	Sec. 601.451. DEFINITION. In this subchapter,
558	558	"implementing agencies" means:
559	559	(1) the department;
560	560	(2) the Texas Department of Vehicles
561	561	[Transportation];
562	562	(3) the Texas Department of Insurance; and
563	563	(4) the Department of Information Resources.
564	564	SECTION 2I.03. Subchapter N, Chapter 601, Transportation
565	565	Code, as added by Chapter 1325 (H.B. 3588), Acts of the 78th
566	566	Legislature, Regular Session, 2003, is repealed.
567	567	PART J. IDENTIFYING MARKINGS ON CERTAIN COMMERCIAL MOTOR VEHICLES
568	568	SECTION 2J.01. Subsection (d), Section 642.002,
569	569	Transportation Code, is amended to read as follows:
570	570	(d) The Texas Department of Vehicles [Transportation] by
571	571	rule may prescribe additional requirements regarding the form of
572	572	the markings required by Subsection (a)(2) that are not
573	573	inconsistent with that subsection.
574	574	PART K. MOTOR CARRIER REGISTRATION
575	575	SECTION 2K.01. Subdivision (1), Section 643.001,
576	576	Transportation Code, is amended to read as follows:
577	577	(1) "Department" means the Texas Department of
578	578	Vehicles [Transportation].
579	579	PART L. SINGLE STATE REGISTRATION
580	580	SECTION 2L.01. Section 645.001, Transportation Code, is
581	581	amended to read as follows:
582	582	Sec. 645.001. FEDERAL MOTOR CARRIER REGISTRATION. The
583	583	Texas Department of Vehicles [Transportation] may, to the fullest
584	584	extent practicable, participate in a federal motor carrier
585	585	registration program under the unified carrier registration system
586	586	as defined by Section 643.001 or a [the] single state registration
587	587	system established under federal law [49 U.S.C. Section 14504].
588	588	PART M. MOTOR TRANSPORTATION BROKERS
589	589	SECTION 2M.01. Subsection (a), Section 646.003,
590	590	Transportation Code, is amended to read as follows:
591	591	(a) A person may not act as a motor transportation broker
592	592	unless the person provides a bond to the Texas Department of
593	593	Vehicles [Transportation].
594	594	PART N. FOREIGN COMMERCIAL MOTOR TRANSPORTATION
595	595	SECTION 2N.01. Section 648.002, Transportation Code, is
596	596	amended to read as follows:
597	597	Sec. 648.002. RULES. In addition to rules required by this
598	598	chapter, the Texas Department of Vehicles [Transportation], the
599	599	Department of Public Safety, and the Texas Department of Insurance
600	600	may adopt other rules to carry out this chapter.
601	601	PART O. ABANDONED MOTOR VEHICLES
602	602	SECTION 2O.01. Subdivision (1), Section 683.001,
603	603	Transportation Code, is amended to read as follows:
604	604	(1) "Department" means the Texas Department of
605	605	Vehicles [Transportation].
606	606	PART P. CONTRACTS FOR ENFORCEMENT OF CERTAIN ARREST WARRANTS
607	607	SECTION 2P.01. Subdivision (1), Section 702.001,
608	608	Transportation Code, is amended to read as follows:
609	609	(1) "Department" means the Texas Department of
610	610	Vehicles [Transportation].
611	611	PART Q. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM
612	612	SECTION 2Q.01. Subdivision (2), Section 707.001,
613	613	Transportation Code, is amended to read as follows:
614	614	(2) "Owner of a motor vehicle" means the owner of a
615	615	motor vehicle as shown on the motor vehicle registration records of
616	616	the Texas Department of Vehicles [Transportation] or the analogous
617	617	department or agency of another state or country.
618	618	SECTION 2Q.02. Subsection (b), Section 707.011,
619	619	Transportation Code, is amended to read as follows:
620	620	(b) Not later than the 30th day after the date the violation
621	621	is alleged to have occurred, the designated department, agency, or
622	622	office of the local authority or the entity with which the local
623	623	authority contracts under Section 707.003(a)(1) shall mail the
624	624	notice of violation to the owner at:
625	625	(1) the owner's address as shown on the registration
626	626	records of the Texas Department of Vehicles [Transportation]; or
627	627	(2) if the vehicle is registered in another state or
628	628	country, the owner's address as shown on the motor vehicle
629	629	registration records of the department or agency of the other state
630	630	or country analogous to the Texas Department of Vehicles
631	631	[Transportation].
632	632	SECTION 2Q.03. Section 707.017, Transportation Code, is
633	633	amended to read as follows:
634	634	Sec. 707.017. ENFORCEMENT. If the owner of a motor vehicle
635	635	is delinquent in the payment of a civil penalty imposed under this
636	636	chapter, the county assessor-collector or the Texas Department of
637	637	Vehicles [Transportation] may refuse to register a motor vehicle
638	638	alleged to have been involved in the violation.
639	639	PART R. SALE OR LEASE OF MOTOR VEHICLES
640	640	SECTION 2R.01. Subdivision (9), Section 2301.002,
641	641	Occupations Code, is amended to read as follows:
642	642	(9) "Department" means the Texas Department of
643	643	Vehicles [Transportation].
644	644	SECTION 2R.02. Subdivision (33), Section 2301.002,
645	645	Occupations Code, is repealed.
646	646	PART S. AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY
647	647	SECTION 2S.01. Subdivision (3), Section 1, Article
648	648	4413(37), Revised Statutes, is amended to read as follows:
649	649	(3) "Department" means the Texas Department of
650	650	Vehicles [Transportation].
651	651	SECTION 2S.02. Section 2, Article 4413(37), Revised
652	652	Statutes, is amended to read as follows:
653	653	Sec. 2. The Automobile Burglary and Theft Prevention
654	654	Authority is established in the Texas Department of Vehicles
655	655	[Transportation]. The authority is not an advisory body to the
656	656	Texas Department of Vehicles [Transportation].
657	657	ARTICLE 3. CONFORMING AMENDMENTS PERTAINING TO TEXAS DEPARTMENT OF
658	658	TRANSPORTATION IN OTHER CODES
659	659	PART A. BUSINESS & COMMERCE CODE
660	660	SECTION 3A.01. Subsection (b), Section 51.003, Business &
661	661	Commerce Code, as effective April 1, 2009, is amended to read as
662	662	follows:
663	663	(b) In this chapter, "business opportunity" does not
664	664	include:
665	665	(1) the sale or lease of an established and ongoing
666	666	business or enterprise that has actively conducted business before
667	667	the sale or lease, whether composed of one or more than one
668	668	component business or enterprise, if the sale or lease represents
669	669	an isolated transaction or series of transactions involving a bona
670	670	fide change of ownership or control of the business or enterprise or
671	671	liquidation of the business or enterprise;
672	672	(2) a sale by a retailer of goods or services under a
673	673	contract or other agreement to sell the inventory of one or more
674	674	ongoing leased departments to a purchaser who is granted the right
675	675	to sell the goods or services within or adjoining a retail business
676	676	establishment as a department or division of the retail business
677	677	establishment;
678	678	(3) a transaction that is:
679	679	(A) regulated by the Texas Department of
680	680	Licensing and Regulation, the Texas Department of Insurance, the
681	681	Texas Real Estate Commission, or the director of the Motor Vehicle
682	682	Division of the Texas Department of Vehicles [Transportation]; and
683	683	(B) engaged in by a person licensed by one of
684	684	those agencies;
685	685	(4) a real estate syndication;
686	686	(5) a sale or lease to a business enterprise that also
687	687	sells or leases products, equipment, or supplies or performs
688	688	services:
689	689	(A) that are not supplied by the seller; and
690	690	(B) that the purchaser does not use with the
691	691	seller's products, equipment, supplies, or services;
692	692	(6) the offer or sale of a franchise as described by
693	693	the Petroleum Marketing Practices Act (15 U.S.C. Section 2801 et
694	694	seq.) and its subsequent amendments;
695	695	(7) the offer or sale of a business opportunity if the
696	696	seller:
697	697	(A) has a net worth of $25 million or more
698	698	according to the seller's audited balance sheet as of a date not
699	699	earlier than the 13th month before the date of the transaction; or
700	700	(B) is at least 80 percent owned by another
701	701	person who:
702	702	(i) in writing unconditionally guarantees
703	703	performance by the person offering the business opportunity plan;
704	704	and
705	705	(ii) has a net worth of more than $25
706	706	million according to the person's most recent audited balance sheet
707	707	as of a date not earlier than the 13th month before the date of the
708	708	transaction; or
709	709	(8) an arrangement defined as a franchise by 16 C.F.R.
710	710	Section 436.2(a) and its subsequent amendments if:
711	711	(A) the franchisor complies in all material
712	712	respects in this state with 16 C.F.R. Part 436 and each order or
713	713	other action of the Federal Trade Commission; and
714	714	(B) before offering for sale or selling a
715	715	franchise in this state, a person files with the secretary of state
716	716	a notice containing:
717	717	(i) the name of the franchisor;
718	718	(ii) the name under which the franchisor
719	719	intends to transact business; and
720	720	(iii) the franchisor's principal business
721	721	address.
722	722	SECTION 3A.02. Subsection (b), Section 105.004, Business &
723	723	Commerce Code, as effective April 1, 2009, is amended to read as
724	724	follows:
725	725	(b) The Texas Department of Vehicles [Transportation] shall
726	726	provide a notice that states the provisions of this chapter to each
727	727	person with a disability who is issued:
728	728	(1) license plates under Section 504.201,
729	729	Transportation Code; or
730	730	(2) a disabled parking placard under Section 681.004,
731	731	Transportation Code.
732	732	PART B. CODE OF CRIMINAL PROCEDURE
733	733	SECTION 3B.01. Subdivision (1), Section 1, Article 42.22,
734	734	Code of Criminal Procedure, is amended to read as follows:
735	735	(1) "Department" means the Texas Department of
736	736	Vehicles [Transportation].
737	737	SECTION 3B.02. Subsection (c), Article 59.04, Code of
738	738	Criminal Procedure, is amended to read as follows:
739	739	(c) If the property is a motor vehicle, and if there is
740	740	reasonable cause to believe that the vehicle has been registered
741	741	under the laws of this state, the attorney representing the state
742	742	shall ask the Texas Department of Vehicles [Transportation] to
743	743	identify from its records the record owner of the vehicle and any
744	744	interest holder. If the addresses of the owner and interest holder
745	745	are not otherwise known, the attorney representing the state shall
746	746	request citation be served on such persons at the address listed
747	747	with the Texas Department of Vehicles [Transportation]. If the
748	748	citation issued to such address is returned unserved, the attorney
749	749	representing the state shall cause a copy of the notice of the
750	750	seizure and intended forfeiture to be posted at the courthouse
751	751	door, to remain there for a period of not less than 30 days. If the
752	752	owner or interest holder does not answer or appear after the notice
753	753	has been so posted, the court shall enter a judgment by default as
754	754	to the owner or interest holder, provided that the attorney
755	755	representing the state files a written motion supported by
756	756	affidavit setting forth the attempted service. An owner or
757	757	interest holder whose interest is forfeited in this manner shall
758	758	not be liable for court costs. If the person in possession of the
759	759	vehicle at the time of the seizure is not the owner or the interest
760	760	holder of the vehicle, notification shall be provided to the
761	761	possessor in the same manner specified for notification to an owner
762	762	or interest holder.
763	763	PART C. FAMILY CODE
764	764	SECTION 3C.01. Subsection (b), Section 157.316, Family
765	765	Code, is amended to read as follows:
766	766	(b) If a lien established under this subchapter attaches to
767	767	a motor vehicle, the lien must be perfected in the manner provided
768	768	by Chapter 501, Transportation Code, and the court or Title IV-D
769	769	agency that rendered the order of child support shall include in the
770	770	order a requirement that the obligor surrender to the court or Title
771	771	IV-D agency evidence of the legal ownership of the motor vehicle
772	772	against which the lien may attach. A lien against a motor vehicle
773	773	under this subchapter is not perfected until the obligor's title to
774	774	the vehicle has been surrendered to the court or Title IV-D agency
775	775	and the Texas Department of Vehicles [Transportation] has issued a
776	776	subsequent title that discloses on its face the fact that the
777	777	vehicle is subject to a child support lien under this subchapter.
778	778	SECTION 3C.02. Subsection (a), Section 232.0022, Family
779	779	Code, is amended to read as follows:
780	780	(a) The Texas Department of Vehicles [Transportation] is
781	781	the appropriate licensing authority for suspension or nonrenewal of
782	782	a motor vehicle registration under this chapter.
783	783	SECTION 3C.03. Subsection (b), Section 232.014, Family
784	784	Code, is amended to read as follows:
785	785	(b) A fee collected by the Texas Department of Vehicles
786	786	[Transportation] or the Department of Public Safety shall be
787	787	deposited to the credit of the state highway fund.
788	788	SECTION 3C.04. Subsection (b), Section 264.502, Family
789	789	Code, is amended to read as follows:
790	790	(b) The members of the committee who serve under Subsections
791	791	(a)(1) through (3) shall select the following additional committee
792	792	members:
793	793	(1) a criminal prosecutor involved in prosecuting
794	794	crimes against children;
795	795	(2) a sheriff;
796	796	(3) a justice of the peace;
797	797	(4) a medical examiner;
798	798	(5) a police chief;
799	799	(6) a pediatrician experienced in diagnosing and
800	800	treating child abuse and neglect;
801	801	(7) a child educator;
802	802	(8) a child mental health provider;
803	803	(9) a public health professional;
804	804	(10) a child protective services specialist;
805	805	(11) a sudden infant death syndrome family service
806	806	provider;
807	807	(12) a neonatologist;
808	808	(13) a child advocate;
809	809	(14) a chief juvenile probation officer;
810	810	(15) a child abuse prevention specialist;
811	811	(16) a representative of the Department of Public
812	812	Safety; and
813	813	(17) a representative of the Texas Department of
814	814	Vehicles [Transportation].
815	815	PART D. FINANCE CODE
816	816	SECTION 3D.01. Subdivision (9), Section 306.001, Finance
817	817	Code, is amended to read as follows:
818	818	(9) "Qualified commercial loan":
819	819	(A) means:
820	820	(i) a commercial loan in which one or more
821	821	persons as part of the same transaction lends, advances, borrows,
822	822	or receives, or is obligated to lend or advance or entitled to
823	823	borrow or receive, money or credit with an aggregate value of:
824	824	(a) $3 million or more if the
825	825	commercial loan is secured by real property; or
826	826	(b) $250,000 or more if the commercial
827	827	loan is not secured by real property and, if the aggregate value of
828	828	the commercial loan is less than $500,000, the loan documents
829	829	contain a written certification from the borrower that:
830	830	(1) the borrower has been
831	831	advised by the lender to seek the advice of an attorney and an
832	832	accountant in connection with the commercial loan; and
833	833	(2) the borrower has had the
834	834	opportunity to seek the advice of an attorney and accountant of the
835	835	borrower's choice in connection with the commercial loan; and
836	836	(ii) a renewal or extension of a commercial
837	837	loan described by Paragraph (A), regardless of the principal amount
838	838	of the loan at the time of the renewal or extension; and
839	839	(B) does not include a commercial loan made for
840	840	the purpose of financing a business licensed by the Motor Vehicle
841	841	Board of the Texas Department of Vehicles [Transportation] under
842	842	Section 2301.251(a), Occupations Code.
843	843	SECTION 3D.02. Subdivision (10-a), Section 348.001,
844	844	Finance Code, is amended to read as follows:
845	845	(10-a) "Towable recreation vehicle" means a
846	846	nonmotorized vehicle that:
847	847	(A) was originally designed and manufactured
848	848	primarily to provide temporary human habitation in conjunction with
849	849	recreational, camping, or seasonal use;
850	850	(B) is titled and registered with the Texas
851	851	Department of Vehicles [Transportation] as a travel trailer through
852	852	a county tax assessor-collector;
853	853	(C) is permanently built on a single chassis;
854	854	(D) contains at least one life support system;
855	855	and
856	856	(E) is designed to be towable by a motor vehicle.
857	857	SECTION 3D.03. Section 348.518, Finance Code, is amended to
858	858	read as follows:
859	859	Sec. 348.518. SHARING OF INFORMATION. To ensure consistent
860	860	enforcement of law and minimization of regulatory burdens, the
861	861	commissioner and the Texas Department of Vehicles [Transportation]
862	862	may share information, including criminal history information,
863	863	relating to a person licensed under this chapter. Information
864	864	otherwise confidential remains confidential after it is shared
865	865	under this section.
866	866	PART E. GOVERNMENT CODE
867	867	SECTION 3E.01. Subsection (d), Section 411.122, Government
868	868	Code, is amended to read as follows:
869	869	(d) The following state agencies are subject to this
870	870	section:
871	871	(1) Texas Appraiser Licensing and Certification
872	872	Board;
873	873	(2) Texas Board of Architectural Examiners;
874	874	(3) Texas Board of Chiropractic Examiners;
875	875	(4) State Board of Dental Examiners;
876	876	(5) Texas Board of Professional Engineers;
877	877	(6) Texas Funeral Service Commission;
878	878	(7) Texas Board of Professional Geoscientists;
879	879	(8) Department of State Health Services, except as
880	880	provided by Section 411.110, and agencies attached to the
881	881	department, including:
882	882	(A) Texas State Board of Examiners of Dietitians;
883	883	(B) Texas State Board of Examiners of Marriage
884	884	and Family Therapists;
885	885	(C) Midwifery Board;
886	886	(D) Texas State Perfusionist Advisory Committee
887	887	[Board of Examiners of Perfusionists];
888	888	(E) Texas State Board of Examiners of
889	889	Professional Counselors;
890	890	(F) Texas State Board of Social Worker Examiners;
891	891	(G) State Board of Examiners for Speech-Language
892	892	Pathology and Audiology;
893	893	(H) Advisory Board of Athletic Trainers;
894	894	(I) State Committee of Examiners in the Fitting
895	895	and Dispensing of Hearing Instruments;
896	896	(J) Texas Board of Licensure for Professional
897	897	Medical Physicists; and
898	898	(K) Texas Board of Orthotics and Prosthetics;
899	899	(9) Texas Board of Professional Land Surveying;
900	900	(10) Texas Department of Licensing and Regulation,
901	901	except as provided by Section 411.093;
902	902	(11) Texas Commission on Environmental Quality;
903	903	(12) Texas Board of Occupational Therapy Examiners;
904	904	(13) Texas Optometry Board;
905	905	(14) Texas State Board of Pharmacy;
906	906	(15) Texas Board of Physical Therapy Examiners;
907	907	(16) Texas State Board of Plumbing Examiners;
908	908	(17) Texas State Board of Podiatric Medical Examiners;
909	909	(18) Polygraph Examiners Board;
910	910	(19) Texas State Board of Examiners of Psychologists;
911	911	(20) Texas Real Estate Commission;
912	912	(21) Board of Tax Professional Examiners;
913	913	(22) Texas Department of Transportation;
914	914	(23) State Board of Veterinary Medical Examiners;
915	915	(24) Texas Department of Housing and Community
916	916	Affairs;
917	917	(25) secretary of state;
918	918	(26) state fire marshal;
919	919	(27) Texas Education Agency; [and]
920	920	(28) Department of Agriculture; and
921	921	(29) Texas Department of Vehicles.
922	922	PART F. HEALTH AND SAFETY CODE
923	923	SECTION 3F.01. Subsection (e), Section 382.209, Health and
924	924	Safety Code, is amended to read as follows:
925	925	(e) A vehicle is not eligible to participate in a low-income
926	926	vehicle repair assistance, retrofit, and accelerated vehicle
927	927	retirement program established under this section unless:
928	928	(1) the vehicle is capable of being operated;
929	929	(2) the registration of the vehicle:
930	930	(A) is current; and
931	931	(B) reflects that the vehicle has been registered
932	932	in the county implementing the program for the 12 months preceding
933	933	the application for participation in the program;
934	934	(3) the commissioners court of the county
935	935	administering the program determines that the vehicle meets the
936	936	eligibility criteria adopted by the commission, the Texas
937	937	Department of Vehicles [Transportation], and the Public Safety
938	938	Commission;
939	939	(4) if the vehicle is to be repaired, the repair is
940	940	done by a repair facility recognized by the Department of Public
941	941	Safety, which may be an independent or private entity licensed by
942	942	the state; and
943	943	(5) if the vehicle is to be retired under this
944	944	subsection and Section 382.213, the replacement vehicle is a
945	945	qualifying motor vehicle.
946	946	SECTION 3F.02. Subsection (f), Section 382.210, Health and
947	947	Safety Code, is amended to read as follows:
948	948	(f) In this section, "total cost" means the total amount of
949	949	money paid or to be paid for the purchase of a motor vehicle as set
950	950	forth as "sales price" in the form entitled "Application for Texas
951	951	Certificate of Title" promulgated by the Texas Department of
952	952	Vehicles [Transportation]. In a transaction that does not involve
953	953	the use of that form, the term means an amount of money that is
954	954	equivalent, or substantially equivalent, to the amount that would
955	955	appear as "sales price" on the Application for Texas Certificate of
956	956	Title if that form were involved.
957	957	SECTION 3F.03. Subsection (a), Section 461.017, Health and
958	958	Safety Code, is amended to read as follows:
959	959	(a) The Drug Demand Reduction Advisory Committee is
960	960	composed of the following members:
961	961	(1) five representatives of the public from different
962	962	geographic regions of the state who have knowledge and expertise in
963	963	issues relating to reducing drug demand and who are appointed by the
964	964	commissioner [executive director] of the Department of State Health
965	965	Services [Texas Commission on Alcohol and Drug Abuse]; and
966	966	(2) one representative of each of the following
967	967	agencies or offices who is appointed by the executive director or
968	968	commissioner of the agency or office and who is directly involved in
969	969	the agency's or office's policies, programs, or funding activities
970	970	relating to reducing drug demand:
971	971	(A) the criminal justice division of the
972	972	governor's office;
973	973	(B) the Criminal Justice Policy Council;
974	974	(C) the Department of Family and Protective [and
975	975	Regulatory] Services;
976	976	(D) the Department of Public Safety of the State
977	977	of Texas;
978	978	(E) the Health and Human Services Commission;
979	979	(F) the Texas Alcoholic Beverage Commission;
980	980	(G) the Department of State Health Services
981	981	[Texas Commission on Alcohol and Drug Abuse];
982	982	(H) the Texas Council on Offenders with Mental
983	983	Impairments;
984	984	(I) the Texas Department of Criminal Justice;
985	985	(J) the [Texas Department of] Health and[;
986	986	[(K) the Texas Department of] Human Services
987	987	Commission;
988	988	(K) [(L)] the [Texas] Department of Aging and
989	989	Disability Services [Mental Health and Mental Retardation];
990	990	(L) [(M)] the Texas Education Agency;
991	991	(M) [(N)] the Texas Juvenile Probation
992	992	Commission;
993	993	(N) [(O)] the Texas Youth Commission;
994	994	(O) [(P)] the Department of Assistive and
995	995	Rehabilitative Services [Texas Rehabilitation Commission];
996	996	(P) [(Q)] the Texas Workforce Commission;
997	997	(Q) [(R)] the Texas Department of Vehicles
998	998	[Transportation];
999	999	(R) [(S)] the comptroller of public accounts;
1000	1000	and
1001	1001	(S) [(T)] the adjutant general's department.
1002	1002	PART G. HUMAN RESOURCES CODE
1003	1003	SECTION 3G.01. Section 22.041, Human Resources Code, is
1004	1004	amended to read as follows:
1005	1005	Sec. 22.041. THIRD-PARTY INFORMATION. Notwithstanding any
1006	1006	other provision of this code, the department may use information
1007	1007	obtained from a third party to verify the assets and resources of a
1008	1008	person for purposes of determining the person's eligibility and
1009	1009	need for medical assistance, financial assistance, or nutritional
1010	1010	assistance. Third-party information includes information obtained
1011	1011	from:
1012	1012	(1) a consumer reporting agency, as defined by Section
1013	1013	20.01, Business & Commerce Code;
1014	1014	(2) an appraisal district; or
1015	1015	(3) the Texas Department of Vehicles
1016	1016	[Transportation's] vehicle registration record database.
1017	1017	SECTION 3G.02. Subsection (g), Section 32.026, Human
1018	1018	Resources Code, is amended to read as follows:
1019	1019	(g) Notwithstanding any other provision of this code, the
1020	1020	department may use information obtained from a third party to
1021	1021	verify the assets and resources of a person for purposes of
1022	1022	determining the person's eligibility and need for medical
1023	1023	assistance. Third-party information includes information obtained
1024	1024	from:
1025	1025	(1) a consumer reporting agency, as defined by Section
1026	1026	20.01, Business & Commerce Code;
1027	1027	(2) an appraisal district; or
1028	1028	(3) the Texas Department of Vehicles
1029	1029	[Transportation's] vehicle registration record database.
1030	1030	PART H. LOCAL GOVERNMENT CODE
1031	1031	SECTION 3H.01. Section 130.006, Local Government Code, is
1032	1032	amended to read as follows:
1033	1033	Sec. 130.006. PROCEDURES FOR COLLECTION OF DISHONORED
1034	1034	CHECKS AND INVOICES. A county tax assessor-collector may establish
1035	1035	procedures for the collection of dishonored checks and credit card
1036	1036	invoices. The procedures may include:
1037	1037	(1) official notification to the maker that the check
1038	1038	or invoice has not been honored and that the receipt, registration,
1039	1039	certificate, or other instrument issued on the receipt of the check
1040	1040	or invoice is not valid until payment of the fee or tax is made;
1041	1041	(2) notification of the sheriff or other law
1042	1042	enforcement officers that a check or credit card invoice has not
1043	1043	been honored and that the receipt, registration, certificate, or
1044	1044	other instrument held by the maker is not valid; and
1045	1045	(3) notification to the Texas Department of Vehicles
1046	1046	[Transportation], the comptroller of public accounts, or the
1047	1047	Department of Public Safety that the receipt, registration,
1048	1048	certificate, or other instrument held by the maker is not valid.
1049	1049	SECTION 3H.02. Section 130.007, Local Government Code, is
1050	1050	amended to read as follows:
1051	1051	Sec. 130.007. REMISSION TO STATE NOT REQUIRED; STATE
1052	1052	ASSISTANCE IN COLLECTION. (a) If a fee or tax is required to be
1053	1053	remitted to the comptroller or the Texas Department of Vehicles
1054	1054	[Transportation] and if payment was made to the county tax
1055	1055	assessor-collector by a check that was not honored by the drawee
1056	1056	bank or by a credit card invoice that was not honored by the credit
1057	1057	card issuer, the amount of the fee or tax is not required to be
1058	1058	remitted, but the assessor-collector shall notify the appropriate
1059	1059	department of:
1060	1060	(1) the amount of the fee or tax;
1061	1061	(2) the type of fee or tax involved; and
1062	1062	(3) the name and address of the maker.
1063	1063	(b) The Texas Department of Vehicles [Transportation] and
1064	1064	the comptroller shall assist the county tax assessor-collector in
1065	1065	collecting the fee or tax and may cancel or revoke any receipt,
1066	1066	registration, certificate, or other instrument issued in the name
1067	1067	of the state conditioned on the payment of the fee or tax.
1068	1068	SECTION 3H.03. Section 130.008, Local Government Code, is
1069	1069	amended to read as follows:
1070	1070	Sec. 130.008. LIABILITY OF TAX COLLECTOR FOR VIOLATIONS OF
1071	1071	SUBCHAPTER. If the comptroller or the Texas Department of Vehicles
1072	1072	[Transportation] determines that the county tax assessor-collector
1073	1073	has accepted payment for fees and taxes to be remitted to that
1074	1074	department in violation of Section 130.004 or that more than two
1075	1075	percent of the fees and taxes to be received from the
1076	1076	assessor-collector are not remitted because of the acceptance of
1077	1077	checks that are not honored by the drawee bank or of credit card
1078	1078	invoices that are not honored by the credit card issuer, the
1079	1079	department may notify the assessor-collector that the
1080	1080	assessor-collector may not accept a check or credit card invoice
1081	1081	for the payment of any fee or tax to be remitted to that department.
1082	1082	A county tax assessor-collector who accepts a check or credit card
1083	1083	invoice for the payment of a fee or tax, after notice that the
1084	1084	assessor-collector may not receive a check or credit card invoice
1085	1085	for the payment of fees or taxes to be remitted to a department, is
1086	1086	liable to the state for the amount of the check or credit card
1087	1087	invoice accepted.
1088	1088	SECTION 3H.04. Section 130.009, Local Government Code, is
1089	1089	amended to read as follows:
1090	1090	Sec. 130.009. STATE RULES. The comptroller and the Texas
1091	1091	Department of Vehicles [Transportation] may make rules concerning
1092	1092	the acceptance of checks or credit card invoices by a county tax
1093	1093	assessor-collector and for the collection of dishonored checks or
1094	1094	credit card invoices.
1095	1095	PART I. OCCUPATIONS CODE
1096	1096	SECTION 3I.01. Subsection (c), Section 554.009,
1097	1097	Occupations Code, is amended to read as follows:
1098	1098	(c) The board may register a vehicle with the Texas
1099	1099	Department of Vehicles [Transportation] in an alias name only for
1100	1100	investigative personnel.
1101	1101	SECTION 3I.02. Subdivision (9), Section 2301.002,
1102	1102	Occupations Code, is amended to read as follows:
1103	1103	(9) "Department" means the Texas Department of
1104	1104	Vehicles [Transportation].
1105	1105	SECTION 3I.03. Subsections (a) and (b), Section 2301.005,
1106	1106	Occupations Code, are amended to read as follows:
1107	1107	(a) A reference in law, including a rule, to the Texas Motor
1108	1108	Vehicle Commission or to the board means [the director, except that
1109	1109	a reference to] the board of the Texas Department of Vehicles [means
1110	1110	the commission if it is related to the adoption of rules].
1111	1111	(b) A reference in law, including a rule, to the executive
1112	1112	director of the Texas Motor Vehicle Commission means the executive
1113	1113	director of the Texas Department of Vehicles.
1114	1114	SECTION 3I.04. Subdivisions (2) and (3), Section 2302.001,
1115	1115	Occupations Code, are amended to read as follows:
1116	1116	(2) "Board" ["Commission"] means the board of the
1117	1117	Texas Department of Motor Vehicles [Transportation Commission].
1118	1118	(3) "Department" means the Texas Department of Motor
1119	1119	Vehicles [Transportation].
1120	1120	SECTION 3I.05. Subsection (b), Section 2302.0015,
1121	1121	Occupations Code, is amended to read as follows:
1122	1122	(b) For the purpose of enforcing or administering this
1123	1123	chapter or Chapter 501 or 502, Transportation Code, a member of the
1124	1124	board [commission], an employee or agent of the board [commission]
1125	1125	or department, a member of the Public Safety Commission, an officer
1126	1126	of the Department of Public Safety, or a peace officer may at a
1127	1127	reasonable time:
1128	1128	(1) enter the premises of a business regulated under
1129	1129	one of those chapters; and
1130	1130	(2) inspect or copy any document, record, vehicle,
1131	1131	part, or other item regulated under one of those chapters.
1132	1132	SECTION 3I.06. The heading to Subchapter B, Chapter 2302,
1133	1133	Occupations Code, is amended to read as follows:
1134	1134	SUBCHAPTER B. BOARD [COMMISSION] POWERS AND DUTIES
1135	1135	SECTION 3I.07. Sections 2302.051, 2302.052, and 2302.053,
1136	1136	Occupations Code, are amended to read as follows:
1137	1137	Sec. 2302.051. RULES AND ENFORCEMENT POWERS. The board
1138	1138	[commission] shall adopt rules as necessary to administer this
1139	1139	chapter and may take other action as necessary to enforce this
1140	1140	chapter.
1141	1141	Sec. 2302.052. DUTY TO SET FEES. The board [commission]
1142	1142	shall set application fees, license fees, renewal fees, and other
1143	1143	fees as required to implement this chapter. The board [commission]
1144	1144	shall set the fees in amounts reasonable and necessary to implement
1145	1145	and enforce this chapter.
1146	1146	Sec. 2302.053. RULES RESTRICTING ADVERTISING OR
1147	1147	COMPETITIVE BIDDING. (a) The board [commission] may not adopt a
1148	1148	rule under Section 2302.051 restricting advertising or competitive
1149	1149	bidding by a person who holds a license issued under this chapter
1150	1150	except to prohibit false, misleading, or deceptive practices by the
1151	1151	person.
1152	1152	(b) The board [commission] may not include in its rules to
1153	1153	prohibit false, misleading, or deceptive practices a rule that:
1154	1154	(1) restricts the use of any advertising medium;
1155	1155	(2) restricts the person's personal appearance or use
1156	1156	of the person's voice in an advertisement;
1157	1157	(3) relates to the size or duration of an
1158	1158	advertisement by the person; or
1159	1159	(4) restricts the use of a trade name in advertising by
1160	1160	the person.
1161	1161	SECTION 3I.08. Subsection (b), Section 2302.108,
1162	1162	Occupations Code, is amended to read as follows:
1163	1163	(b) The board [commission] by rule shall establish the
1164	1164	grounds for denial, suspension, revocation, or reinstatement of a
1165	1165	license issued under this chapter and the procedures for
1166	1166	disciplinary action. A rule adopted under this subsection may not
1167	1167	conflict with a rule adopted by the State Office of Administrative
1168	1168	Hearings.
1169	1169	SECTION 3I.09. Section 2302.204, Occupations Code, is
1170	1170	amended to read as follows:
1171	1171	Sec. 2302.204. CASUAL SALES. This chapter does not apply to
1172	1172	a person who purchases fewer than three nonrepairable motor
1173	1173	vehicles or salvage motor vehicles from a salvage vehicle dealer,
1174	1174	an insurance company or salvage pool operator in a casual sale at
1175	1175	auction, except that:
1176	1176	(1) the board [commission] shall adopt rules as
1177	1177	necessary to regulate casual sales by salvage vehicle dealers,
1178	1178	insurance companies, or salvage pool operators and to enforce this
1179	1179	section; and
1180	1180	(2) a salvage vehicle dealer, insurance company, or
1181	1181	salvage pool operator who sells a motor vehicle in a casual sale
1182	1182	shall comply with those rules and Subchapter E, Chapter 501,
1183	1183	Transportation Code.
1184	1184	SECTION 3I.10. Subdivision (33), Section 2301.002,
1185	1185	Occupations Code, is repealed.
1186	1186	PART J. PENAL CODE
1187	1187	SECTION 3J.01. Subsection (c), Section 31.03, Penal Code,
1188	1188	is amended to read as follows:
1189	1189	(c) For purposes of Subsection (b):
1190	1190	(1) evidence that the actor has previously
1191	1191	participated in recent transactions other than, but similar to,
1192	1192	that which the prosecution is based is admissible for the purpose of
1193	1193	showing knowledge or intent and the issues of knowledge or intent
1194	1194	are raised by the actor's plea of not guilty;
1195	1195	(2) the testimony of an accomplice shall be
1196	1196	corroborated by proof that tends to connect the actor to the crime,
1197	1197	but the actor's knowledge or intent may be established by the
1198	1198	uncorroborated testimony of the accomplice;
1199	1199	(3) an actor engaged in the business of buying and
1200	1200	selling used or secondhand personal property, or lending money on
1201	1201	the security of personal property deposited with the actor, is
1202	1202	presumed to know upon receipt by the actor of stolen property (other
1203	1203	than a motor vehicle subject to Chapter 501, Transportation Code)
1204	1204	that the property has been previously stolen from another if the
1205	1205	actor pays for or loans against the property $25 or more (or
1206	1206	consideration of equivalent value) and the actor knowingly or
1207	1207	recklessly:
1208	1208	(A) fails to record the name, address, and
1209	1209	physical description or identification number of the seller or
1210	1210	pledgor;
1211	1211	(B) fails to record a complete description of the
1212	1212	property, including the serial number, if reasonably available, or
1213	1213	other identifying characteristics; or
1214	1214	(C) fails to obtain a signed warranty from the
1215	1215	seller or pledgor that the seller or pledgor has the right to
1216	1216	possess the property. It is the express intent of this provision
1217	1217	that the presumption arises unless the actor complies with each of
1218	1218	the numbered requirements;
1219	1219	(4) for the purposes of Subdivision (3)(A),
1220	1220	"identification number" means driver's license number, military
1221	1221	identification number, identification certificate, or other
1222	1222	official number capable of identifying an individual;
1223	1223	(5) stolen property does not lose its character as
1224	1224	stolen when recovered by any law enforcement agency;
1225	1225	(6) an actor engaged in the business of obtaining
1226	1226	abandoned or wrecked motor vehicles or parts of an abandoned or
1227	1227	wrecked motor vehicle for resale, disposal, scrap, repair,
1228	1228	rebuilding, demolition, or other form of salvage is presumed to
1229	1229	know on receipt by the actor of stolen property that the property
1230	1230	has been previously stolen from another if the actor knowingly or
1231	1231	recklessly:
1232	1232	(A) fails to maintain an accurate and legible
1233	1233	inventory of each motor vehicle component part purchased by or
1234	1234	delivered to the actor, including the date of purchase or delivery,
1235	1235	the name, age, address, sex, and driver's license number of the
1236	1236	seller or person making the delivery, the license plate number of
1237	1237	the motor vehicle in which the part was delivered, a complete
1238	1238	description of the part, and the vehicle identification number of
1239	1239	the motor vehicle from which the part was removed, or in lieu of
1240	1240	maintaining an inventory, fails to record the name and certificate
1241	1241	of inventory number of the person who dismantled the motor vehicle
1242	1242	from which the part was obtained;
1243	1243	(B) fails on receipt of a motor vehicle to obtain
1244	1244	a certificate of authority, sales receipt, or transfer document as
1245	1245	required by Chapter 683, Transportation Code, or a certificate of
1246	1246	title showing that the motor vehicle is not subject to a lien or
1247	1247	that all recorded liens on the motor vehicle have been released; or
1248	1248	(C) fails on receipt of a motor vehicle to
1249	1249	immediately remove an unexpired license plate from the motor
1250	1250	vehicle, to keep the plate in a secure and locked place, or to
1251	1251	maintain an inventory, on forms provided by the Texas Department of
1252	1252	Vehicles [Transportation], of license plates kept under this
1253	1253	paragraph, including for each plate or set of plates the license
1254	1254	plate number and the make, motor number, and vehicle identification
1255	1255	number of the motor vehicle from which the plate was removed;
1256	1256	(7) an actor who purchases or receives a used or
1257	1257	secondhand motor vehicle is presumed to know on receipt by the actor
1258	1258	of the motor vehicle that the motor vehicle has been previously
1259	1259	stolen from another if the actor knowingly or recklessly:
1260	1260	(A) fails to report to the Texas Department of
1261	1261	Vehicles [Transportation] the failure of the person who sold or
1262	1262	delivered the motor vehicle to the actor to deliver to the actor a
1263	1263	properly executed certificate of title to the motor vehicle at the
1264	1264	time the motor vehicle was delivered; or
1265	1265	(B) fails to file with the county tax
1266	1266	assessor-collector of the county in which the actor received the
1267	1267	motor vehicle, not later than the 20th day after the date the actor
1268	1268	received the motor vehicle, the registration license receipt and
1269	1269	certificate of title or evidence of title delivered to the actor in
1270	1270	accordance with Subchapter D, Chapter 520, Transportation Code, at
1271	1271	the time the motor vehicle was delivered;
1272	1272	(8) an actor who purchases or receives from any source
1273	1273	other than a licensed retailer or distributor of pesticides a
1274	1274	restricted-use pesticide or a state-limited-use pesticide or a
1275	1275	compound, mixture, or preparation containing a restricted-use or
1276	1276	state-limited-use pesticide is presumed to know on receipt by the
1277	1277	actor of the pesticide or compound, mixture, or preparation that
1278	1278	the pesticide or compound, mixture, or preparation has been
1279	1279	previously stolen from another if the actor:
1280	1280	(A) fails to record the name, address, and
1281	1281	physical description of the seller or pledgor;
1282	1282	(B) fails to record a complete description of the
1283	1283	amount and type of pesticide or compound, mixture, or preparation
1284	1284	purchased or received; and
1285	1285	(C) fails to obtain a signed warranty from the
1286	1286	seller or pledgor that the seller or pledgor has the right to
1287	1287	possess the property; and
1288	1288	(9) an actor who is subject to Section 409, Packers and
1289	1289	Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from
1290	1290	a commission merchant by representing that the actor will make
1291	1291	prompt payment is presumed to have induced the commission
1292	1292	merchant's consent by deception if the actor fails to make full
1293	1293	payment in accordance with Section 409, Packers and Stockyards Act
1294	1294	(7 U.S.C. Section 228b).
1295	1295	SECTION 3J.02. Subsection (b), Section 31.11, Penal Code,
1296	1296	is amended to read as follows:
1297	1297	(b) It is an affirmative defense to prosecution under this
1298	1298	section that the person was:
1299	1299	(1) the owner or acting with the effective consent of
1300	1300	the owner of the property involved;
1301	1301	(2) a peace officer acting in the actual discharge of
1302	1302	official duties; or
1303	1303	(3) acting with respect to a number assigned to a
1304	1304	vehicle by the Texas Department of Transportation or the Texas
1305	1305	Department of Vehicles, as applicable, and the person was:
1306	1306	(A) in the actual discharge of official duties as
1307	1307	an employee or agent of the department; or
1308	1308	(B) in full compliance with the rules of the
1309	1309	department as an applicant for an assigned number approved by the
1310	1310	department.
1311	1311	PART K. TAX CODE
1312	1312	SECTION 3K.01. Subsection (d), Section 21.02, Tax Code, is
1313	1313	amended to read as follows:
1314	1314	(d) A motor vehicle does not have taxable situs in a taxing
1315	1315	unit under Subsection (a)(1) if, on January 1, the vehicle:
1316	1316	(1) has been located for less than 60 days at a place
1317	1317	of business of a person who holds a wholesale motor vehicle auction
1318	1318	general distinguishing number issued by the Texas Department of
1319	1319	Vehicles [Transportation] under Chapter 503, Transportation Code,
1320	1320	for that place of business; and
1321	1321	(2) is offered for resale.
1322	1322	SECTION 3K.02. Subsection (d), Section 22.04, Tax Code, is
1323	1323	amended to read as follows:
1324	1324	(d) This section does not apply to a motor vehicle that on
1325	1325	January 1 is located at a place of business of a person who holds a
1326	1326	wholesale motor vehicle auction general distinguishing number
1327	1327	issued by the Texas Department of Vehicles [Transportation] under
1328	1328	Chapter 503, Transportation Code, for that place of business, and
1329	1329	that:
1330	1330	(1) has not acquired taxable situs under Section
1331	1331	21.02(a)(1) in a taxing unit that participates in the appraisal
1332	1332	district because the vehicle is described by Section 21.02(d);
1333	1333	(2) is offered for sale by a dealer who holds a
1334	1334	dealer's general distinguishing number issued by the Texas
1335	1335	Department of Vehicles [Transportation] under Chapter 503,
1336	1336	Transportation Code, and whose inventory of motor vehicles is
1337	1337	subject to taxation in the manner provided by Sections 23.121 and
1338	1338	23.122; or
1339	1339	(3) is collateral possessed by a lienholder and
1340	1340	offered for sale in foreclosure of a security interest.
1341	1341	SECTION 3K.03. Subdivisions (3), (11), and (14), Subsection
1342	1342	(a), Section 23.121, Tax Code, are amended to read as follows:
1343	1343	(3) "Dealer" means a person who holds a dealer's
1344	1344	general distinguishing number issued by the Texas Department of
1345	1345	Vehicles [Transportation] under the authority of Chapter 503,
1346	1346	Transportation Code, or who is legally recognized as a motor
1347	1347	vehicle dealer pursuant to the law of another state and who complies
1348	1348	with the terms of Section 152.063(f). The term does not include:
1349	1349	(A) a person who holds a manufacturer's license
1350	1350	issued under Chapter 2301, Occupations Code [by the Motor Vehicle
1351	1351	Board of the Texas Department of Transportation];
1352	1352	(B) an entity that is owned or controlled by a
1353	1353	person who holds a manufacturer's license issued under Chapter
1354	1354	2301, Occupations Code [by the Motor Vehicle Board of the Texas
1355	1355	Department of Transportation]; or
1356	1356	(C) a dealer whose general distinguishing number
1357	1357	issued by the Texas Department of Vehicles [Transportation] under
1358	1358	the authority of Chapter 503, Transportation Code, prohibits the
1359	1359	dealer from selling a vehicle to any person except a dealer.
1360	1360	(11) "Sales price" means the total amount of money
1361	1361	paid or to be paid for the purchase of a motor vehicle as set forth
1362	1362	as "sales price" in the form entitled "Application for Texas
1363	1363	Certificate of Title" promulgated by the Texas Department of
1364	1364	Vehicles [Transportation]. In a transaction that does not involve
1365	1365	the use of that form, the term means an amount of money that is
1366	1366	equivalent, or substantially equivalent, to the amount that would
1367	1367	appear as "sales price" on the Application for Texas Certificate of
1368	1368	Title if that form were involved.
1369	1369	(14) "Towable recreational vehicle" means a
1370	1370	nonmotorized vehicle that is designed for temporary human
1371	1371	habitation for recreational, camping, or seasonal use and:
1372	1372	(A) is titled and registered with the Texas
1373	1373	Department of Vehicles [Transportation] through the office of the
1374	1374	collector;
1375	1375	(B) is permanently built on a single chassis;
1376	1376	(C) contains one or more life support systems;
1377	1377	and
1378	1378	(D) is designed to be towable by a motor vehicle.
1379	1379	SECTION 3K.04. Subsections (f), (g), and (h), Section
1380	1380	23.121, Tax Code, are amended to read as follows:
1381	1381	(f) The comptroller shall promulgate a form entitled
1382	1382	Dealer's Motor Vehicle Inventory Declaration. Except as provided
1383	1383	by Section 23.122(l) [of this code], not later than February 1 of
1384	1384	each year, or, in the case of a dealer who was not in business on
1385	1385	January 1, not later than 30 days after commencement of business,
1386	1386	each dealer shall file a declaration with the chief appraiser and
1387	1387	file a copy with the collector. For purposes of this subsection, a
1388	1388	dealer is presumed to have commenced business on the date of
1389	1389	issuance to the dealer of a dealer's general distinguishing number
1390	1390	as provided by Chapter 503, Transportation Code. Notwithstanding
1391	1391	the presumption created by this subsection, a chief appraiser may,
1392	1392	at his or her sole discretion, designate as the date on which a
1393	1393	dealer commenced business a date other than the date of issuance to
1394	1394	the dealer of a dealer's general distinguishing number. The
1395	1395	declaration is sufficient to comply with this subsection if it sets
1396	1396	forth the following information:
1397	1397	(1) the name and business address of each location at
1398	1398	which the dealer owner conducts business;
1399	1399	(2) each of the dealer's general distinguishing
1400	1400	numbers issued by the Texas Department of Vehicles
1401	1401	[Transportation];
1402	1402	(3) a statement that the dealer owner is the owner of a
1403	1403	dealer's motor vehicle inventory; and
1404	1404	(4) the market value of the dealer's motor vehicle
1405	1405	inventory for the current tax year as computed under Section
1406	1406	23.121(b) [of this code].
1407	1407	(g) Under the terms provided by this subsection, the chief
1408	1408	appraiser may examine the books and records of the holder of a
1409	1409	general distinguishing number issued by the Texas Department of
1410	1410	Vehicles [Transportation]. A request made under this subsection
1411	1411	must be made in writing, delivered personally to the custodian of
1412	1412	the records, at the location for which the general distinguishing
1413	1413	number has been issued, must provide a period not less than 15 days
1414	1414	for the person to respond to the request, and must state that the
1415	1415	person to whom it is addressed has the right to seek judicial relief
1416	1416	from compliance with the request. In a request made under this
1417	1417	section the chief appraiser may examine:
1418	1418	(1) the document issued by the Texas Department of
1419	1419	Vehicles [Transportation] showing the person's general
1420	1420	distinguishing number;
1421	1421	(2) documentation appropriate to allow the chief
1422	1422	appraiser to ascertain the applicability of this section and
1423	1423	Section 23.122 [of this code] to the person;
1424	1424	(3) sales records to substantiate information set
1425	1425	forth in the dealer's declaration filed by the person.
1426	1426	(h) If a dealer fails to file a declaration as required by
1427	1427	this section, or if, on the declaration required by this section, a
1428	1428	dealer reports the sale of fewer than five motor vehicles in the
1429	1429	prior year, the chief appraiser shall report that fact to the Texas
1430	1430	Department of Vehicles [Transportation] and the department shall
1431	1431	initiate termination proceedings. The chief appraiser shall
1432	1432	include with the report a copy of a declaration, if any, indicating
1433	1433	the sale by a dealer of fewer than five motor vehicles in the prior
1434	1434	year. A report by a chief appraiser to the Texas Department of
1435	1435	Vehicles [Transportation] as provided by this subsection is prima
1436	1436	facie grounds for the cancellation of the dealer's general
1437	1437	distinguishing number under Section 503.038(a)(9), Transportation
1438	1438	Code, or for refusal by the Texas Department of Vehicles
1439	1439	[Transportation] to renew the dealer's general distinguishing
1440	1440	number.
1441	1441	SECTION 3K.05. Subsection (c), Section 23.123, Tax Code, is
1442	1442	amended to read as follows:
1443	1443	(c) Information made confidential by this section may be
1444	1444	disclosed:
1445	1445	(1) in a judicial or administrative proceeding
1446	1446	pursuant to a lawful subpoena;
1447	1447	(2) to the person who filed the declaration or
1448	1448	statement or to that person's representative authorized by the
1449	1449	person in writing to receive the information;
1450	1450	(3) to the comptroller or an employee of the
1451	1451	comptroller authorized by the comptroller to receive the
1452	1452	information;
1453	1453	(4) to a collector or chief appraiser;
1454	1454	(5) to a district attorney, criminal district attorney
1455	1455	or county attorney involved in the enforcement of a penalty imposed
1456	1456	pursuant to Section 23.121 or Section 23.122 [of this code];
1457	1457	(6) for statistical purposes if in a form that does not
1458	1458	identify specific property or a specific property owner;
1459	1459	(7) if and to the extent that the information is
1460	1460	required for inclusion in a public document or record that the
1461	1461	appraisal or collection office is required by law to prepare or
1462	1462	maintain; or
1463	1463	(8) to the Texas Department of Vehicles
1464	1464	[Transportation] for use by that department in auditing compliance
1465	1465	of its licensees with appropriate provisions of applicable law.
1466	1466	SECTION 3K.06. Subdivision (11), Subsection (a), Section
1467	1467	23.124, Tax Code, is amended to read as follows:
1468	1468	(11) "Sales price" means the total amount of money
1469	1469	paid or to be paid for the purchase of:
1470	1470	(A) a vessel, other than a trailer that is
1471	1471	treated as a vessel, as set forth as "sales price" in the form
1472	1472	entitled "Application for Texas Certificate of Number/Title for
1473	1473	Boat/Seller, Donor or Trader's Affidavit" promulgated by the Parks
1474	1474	and Wildlife Department;
1475	1475	(B) an outboard motor as set forth as "sales
1476	1476	price" in the form entitled "Application for Texas Certificate of
1477	1477	Title for an Outboard Motor/Seller, Donor or Trader's Affidavit"
1478	1478	promulgated by the Parks and Wildlife Department; or
1479	1479	(C) a trailer that is treated as a vessel as set
1480	1480	forth as "sales price" in the form entitled "Application for Texas
1481	1481	Certificate of Title" promulgated by the Texas Department of
1482	1482	Vehicles [Transportation].
1483	1483	In a transaction involving a vessel, an outboard motor,
1484	1484	or a trailer that is treated as a vessel that does not involve the
1485	1485	use of one of these forms, the term means an amount of money that is
1486	1486	equivalent, or substantially equivalent, to the amount that would
1487	1487	appear as "sales price" on the Application for Texas Certificate of
1488	1488	Number/Title for Boat/Seller, Donor or Trader's Affidavit, the
1489	1489	Application for Texas Certificate of Title for an Outboard
1490	1490	Motor/Seller, Donor or Trader's Affidavit, or the Application for
1491	1491	Texas Certificate of Title if one of these forms were involved.
1492	1492	SECTION 3K.07. Section 113.011, Tax Code, is amended to
1493	1493	read as follows:
1494	1494	Sec. 113.011. LIENS FILED WITH TEXAS DEPARTMENT OF VEHICLES
1495	1495	[TRANSPORTATION]. The comptroller shall furnish to the Texas
1496	1496	Department of Vehicles [Transportation] each release of a tax lien
1497	1497	filed by the comptroller with that department.
1498	1498	SECTION 3K.08. Subsections (a) and (f), Section 152.0412,
1499	1499	Tax Code, are amended to read as follows:
1500	1500	(a) In this section, "standard presumptive value" means the
1501	1501	private-party transaction value of a motor vehicle, as determined
1502	1502	by the Texas Department of Vehicles [Transportation] based on an
1503	1503	appropriate regional guidebook of a nationally recognized motor
1504	1504	vehicle value guide service, or based on another motor vehicle
1505	1505	guide publication that the department determines is appropriate if
1506	1506	a private-party transaction value for the motor vehicle is not
1507	1507	available from a regional guidebook described by this subsection.
1508	1508	(f) The Texas Department of Vehicles [Transportation] shall
1509	1509	maintain information on the standard presumptive values of motor
1510	1510	vehicles as part of the department's registration and title system.
1511	1511	The department shall update the information at least quarterly each
1512	1512	calendar year and publish, electronically or otherwise, the updated
1513	1513	information.
1514	1514	SECTION 3K.09. Section 152.042, Tax Code, is amended to
1515	1515	read as follows:
1516	1516	Sec. 152.042. COLLECTION OF TAX ON METAL DEALER PLATES. A
1517	1517	person required to pay the tax imposed by Section 152.027 shall pay
1518	1518	the tax to the Texas Department of Vehicles [Transportation], and
1519	1519	the department may not issue the metal dealer's plates until the tax
1520	1520	is paid.
1521	1521	SECTION 3K.10. Subsection (b), Section 152.121, Tax Code,
1522	1522	is amended to read as follows:
1523	1523	(b) Taxes on metal dealer plates collected by the Texas
1524	1524	Department of Vehicles [Transportation] shall be deposited by the
1525	1525	department in the state treasury in the same manner as are other
1526	1526	taxes collected under this chapter.
1527	1527	SECTION 3K.11. Subdivision (52), Section 162.001, Tax Code,
1528	1528	is amended to read as follows:
1529	1529	(52) "Registered gross weight" means the total weight
1530	1530	of the vehicle and carrying capacity shown on the registration
1531	1531	certificate issued by the Texas Department of Vehicles
1532	1532	[Transportation].
1533	1533	ARTICLE 4. TRANSFERS OF CERTAIN POWERS, DUTIES, OBLIGATIONS, AND
1534	1534	RIGHTS OF ACTION
1535	1535	SECTION 4.01. (a) All powers, duties, obligations, and
1536	1536	rights of action of the Motor Vehicle Division and the Vehicle
1537	1537	Titles and Registration Division of the Texas Department of
1538	1538	Transportation are transferred to the Texas Department of Vehicles
1539	1539	and all powers, duties, obligations, and rights of action of the
1540	1540	Texas Transportation Commission in connection or associated with
1541	1541	those divisions of the Texas Department of Transportation are
1542	1542	transferred to the board of the Texas Department of Vehicles on
1543	1543	November 1, 2009.
1544	1544	(b) The powers, duties, obligations, and rights of action of
1545	1545	the portion of the Motor Carrier Division of the Texas Department of
1546	1546	Transportation that is responsible for motor carrier registration
1547	1547	and the enforcement of Subtitle F, Title 7, Transportation Code,
1548	1548	are transferred to the Texas Department of Vehicles and the
1549	1549	associated powers, duties, obligations, and rights of action of the
1550	1550	Texas Transportation Commission are transferred to the board of the
1551	1551	Texas Department of Vehicles on November 1, 2009.
1552	1552	(c) In connection with the transfers required by
1553	1553	Subsections (a) and (b) of this section, the personnel, furniture,
1554	1554	computers, other property and equipment, files, and related
1555	1555	materials used by the Motor Vehicle Division, the Vehicle Titles
1556	1556	and Registration Division, or the portion of the Motor Carrier
1557	1557	Division of the Texas Department of Transportation described in
1558	1558	Subsection (b) of this section are transferred to the Texas
1559	1559	Department of Vehicles.
1560	1560	(d) The Texas Department of Vehicles shall continue any
1561	1561	proceeding involving the Motor Vehicle Division, the Vehicle Titles
1562	1562	and Registration Division, or the portion of the Motor Carrier
1563	1563	Division of the Texas Department of Transportation described in
1564	1564	Subsection (b) of this section that was brought before the
1565	1565	effective date of this Act in accordance with the law in effect on
1566	1566	the date the proceeding was brought, and the former law is continued
1567	1567	in effect for that purpose.
1568	1568	(e) A certificate, license, document, permit, registration,
1569	1569	or other authorization issued by the Motor Vehicle Division or the
1570	1570	Vehicle Titles and Registration Division of the Texas Department of
1571	1571	Transportation or a registration issued by the Motor Carrier
1572	1572	Division of the Texas Department of Transportation that is in
1573	1573	effect on the effective date of this Act remains valid for the
1574	1574	period for which it was issued unless suspended or revoked by the
1575	1575	Texas Department of Vehicles.
1576	1576	(f) A rule adopted by the Texas Transportation Commission or
1577	1577	the executive director of the Texas Department of Transportation in
1578	1578	connection with or relating to the Motor Vehicle Division, the
1579	1579	Vehicle Titles and Registration Division, or the portion of the
1580	1580	Motor Carrier Division of the Texas Department of Transportation
1581	1581	described in Subsection (b) of this section continues in effect
1582	1582	until it is amended or repealed by the board of the Texas Department
1583	1583	of Vehicles or the Texas Department of Vehicles, as applicable.
1584	1584	(g) The unobligated and unexpended balance of any
1585	1585	appropriations made to the Texas Department of Transportation in
1586	1586	connection with or relating to the Motor Vehicle Division, the
1587	1587	Vehicle Titles and Registration Division, or the portion of the
1588	1588	Motor Carrier Division of the Texas Department of Transportation
1589	1589	described in Subsection (b) of this section for the state fiscal
1590	1590	biennium ending August 31, 2009, is transferred and reappropriated
1591	1591	to the Texas Department of Vehicles for the purpose of implementing
1592	1592	the powers, duties, obligations, and rights of action transferred
1593	1593	to that department under Subsections (a) and (b) of this section.
1594	1594	SECTION 4.02. (a) In connection with the establishment by
1595	1595	this Act of the Automobile Burglary and Theft Prevention Authority
1596	1596	in the Texas Department of Vehicles and with the transfer by this
1597	1597	Act of the duty to provide personnel and services to the Automobile
1598	1598	Burglary and Theft Prevention Authority from the Texas Department
1599	1599	of Transportation to the Texas Department of Vehicles, the
1600	1600	personnel, furniture, computers, other property and equipment,
1601	1601	files, and related materials used by the Automobile Burglary and
1602	1602	Theft Prevention Authority are transferred to the Texas Department
1603	1603	of Vehicles.
1604	1604	(b) The unobligated and unexpended balance of any
1605	1605	appropriations made to the Texas Department of Transportation in
1606	1606	connection with or relating to the Automobile Burglary and Theft
1607	1607	Prevention Authority for the state fiscal biennium ending August
1608	1608	31, 2009, is transferred and reappropriated to the Texas Department
1609	1609	of Vehicles for the purpose of allowing the authority to continue to
1610	1610	exercise its powers, duties, and obligations under the auspices of
1611	1611	that department.
1612	1612	SECTION 4.03. (a) In addition to the positions of the
1613	1613	Texas Department of Transportation assigned to the Vehicle Titles
1614	1614	and Registration Division, Motor Vehicle Division, Motor Carrier
1615	1615	Division, and Automobile Burglary and Theft Prevention Authority
1616	1616	Division that are transferred to the Texas Department of Vehicles,
1617	1617	it is estimated that 75 other full-time equivalent employee
1618	1618	positions of the Texas Department of Transportation primarily
1619	1619	support the transferred divisions and, subject to this section,
1620	1620	those positions are also transferred to the Texas Department of
1621	1621	Vehicles. The number of positions transferred under this
1622	1622	subsection may be modified by agreement of the two agencies in a
1623	1623	memorandum of understanding.
1624	1624	(b) If in another Act of the 81st Legislature, Regular
1625	1625	Session, 2009, the legislature establishes a maximum number of
1626	1626	full-time equivalent employee positions for the Texas Department of
1627	1627	Vehicles, the number of positions transferred under Subsection (a)
1628	1628	of this section may not result in a number of full-time equivalent
1629	1629	employee positions of that department that exceeds the maximum.
1630	1630	(c) When filling a position described by Subsection (a) of
1631	1631	this section, the Texas Department of Vehicles shall give first
1632	1632	consideration to an applicant who, as of September 1, 2009, was a
1633	1633	full-time employee of the Texas Department of Transportation and
1634	1634	primarily supported one or more of the transferred divisions.
1635	1635	ARTICLE 5. APPOINTMENT OF BOARD
1636	1636	SECTION 5.01. Not later than October 1, 2009, the governor
1637	1637	shall appoint the members of the board of the Texas Department of
1638	1638	Vehicles in accordance with Subchapter B, Chapter 1001,
1639	1639	Transportation Code, as added by this Act.
1640	1640	ARTICLE 6. MEMORANDUM OF UNDERSTANDING
1641	1641	SECTION 6.01. (a) The board of the Texas Department of
1642	1642	Vehicles and the Texas Transportation Commission by rule shall
1643	1643	adopt or revise a joint memorandum of understanding to coordinate
1644	1644	the Texas Department of Vehicles' and the Texas Department of
1645	1645	Transportation's information systems to allow for the sharing of
1646	1646	information so that each department may effectively and efficiently
1647	1647	perform the functions and duties assigned to it.
1648	1648	(b) The Texas Department of Vehicles and the Texas
1649	1649	Department of Transportation shall implement the joint memorandum
1650	1650	of understanding using existing personnel and resources.
1651	1651	(c) Otherwise confidential information shared under the
1652	1652	memorandum of understanding remains subject to the same
1653	1653	confidentiality requirements and legal restrictions on access to
1654	1654	the information that are imposed by law on the department that
1655	1655	originally obtained or collected the information.
1656	1656	(d) Information may be shared under the memorandum of
1657	1657	understanding without the consent of the person who is the subject
1658	1658	of the information.
1659	1659	SECTION 6.02. (a) In addition to the memorandum of
1660	1660	understanding required by Section 6.01 of this article, the board
1661	1661	of the Texas Department of Vehicles and the Texas Transportation
1662	1662	Commission by rule may adopt or revise one or more other joint
1663	1663	memoranda of understanding as considered necessary or appropriate
1664	1664	to effectuate the transfer of the powers and duties of the Texas
1665	1665	Department of Transportation to the Texas Department of Vehicles
1666	1666	under this Act.
1667	1667	(b) Subsections (b), (c), and (d) of Section 6.01 of this
1668	1668	article apply to a memorandum of understanding adopted or revised
1669	1669	under Subsection (a) of this section.
1670	1670	ARTICLE 7. EFFECTIVE DATE
1671	1671	SECTION 7.01. This Act takes effect September 1, 2009.